Ariz. Admin. Code § 14-2-312

Current through Register Vol. 30, No. 24, June 14, 2024

Section R14-2-312 - Administrative and Hearing Requirements

A. Customer service complaints

1. Each utility shall make a full and prompt investigation of each service complaint made by one of its customers, whether made directly or through the Commission.

2. Within five business days after a complaint is made, the utility shall respond to the complainant and, if applicable, to the Commission representative regarding the status of the utility's investigation of the complaint.

3. The utility shall notify the complainant and, if applicable, the Commission representative of the final disposition of each complaint. Upon request of the complainant or the Commission representative, the utility shall report the findings of its investigation in writing.

4. The utility shall inform the customer of the right to file an informal complaint with the Commission, under subsection (C)(1), if the customer is dissatisfied with the results of the utility's investigation or the final disposition of the complaint.

5. Each utility shall:

a. Create a record of each service complaint received including, at a minimum, the following data:

i. Name and address of the customer;

ii. Service address at issue, if different from the customer's address;

iii. Date and nature of the complaint;

iv. Disposition of the complaint; and

v. A copy of any correspondence between the utility, the customer, and a Commission representative; and

b. Maintain each service complaint record for at least one year after final disposition of the complaint and make the record available for inspection by the Commission upon request.

B. Customer bill disputes

1. A utility customer who disputes a portion of a bill rendered for utility service shall, prior to the due date for the bill, pay the undisputed portion of the bill and notify a representative of the utility that the unpaid amount is in dispute.

2. Upon receipt of the customer notice of dispute, the utility shall:

a. Within five business days after receiving notice of the dispute, provide the customer confirmation that the dispute has been received;

b. Initiate a prompt investigation of the source of the dispute;

c. Withhold termination of service until the investigation is completed and the customer has been informed of the results of the investigation;

d. Notify the customer of the results of the investigation and final disposition of the bill dispute, in writing if requested by the customer; and

e. Inform the customer of the right to file an informal complaint with the Commission, under subsection (C)(1), if dissatisfied with the results of the utility's investigation or final disposition.

3. Once the customer has received the results of the utility's investigation, the customer shall, within five business days, submit payment to the utility for any disputed amounts. Failure to make full payment within five business days shall be grounds for termination of service under R14-2-311(C)(1)(b).

C. Commission resolution of service and bill disputes

1. If a customer is dissatisfied with the outcome of a utility's investigation or final disposition of a service or bill dispute, the customer may file with the Commission a written statement of dissatisfaction, which shall be deemed an informal complaint against the utility.

2. Within 30 days after receiving an informal complaint against the utility, a Commission representative shall attempt to resolve the dispute through communications with the utility and the customer (written or telephonic or both). If resolution of the dispute is not achieved within 20 days of the Commission representative's initial effort, the Commission shall hold a mediation regarding the dispute, in accordance with the following:

a. A Commission representative shall preside over the mediation, and the participants shall be the customer and the utility.

b. Each participant may be represented by legal counsel, at the participant's own expense, if desired.

c. The mediation may be recorded or held in the presence of a stenographer.

d. Each participant shall have the opportunity to present written or oral material to support the participant's position.

e. Each participant shall have the opportunity to cross-examine the other participant, and the Commission representative shall have the opportunity to examine each participant.

f. The Commission's representative shall render a written decision to all parties within five business days after the date of the informal hearing. the written decision of the Commission's representative is not binding on any of the parties, and the parties shall retain the right to make a formal complaint to the Commission.

3. The utility may implement normal termination procedures, under R14-2-311(C)(1)(b), if the customer fails to pay all undisputed bills rendered during the resolution of the dispute by the Commission.

4. Each utility shall maintain a record of written statements of dissatisfaction and their resolution for at least one year and shall make such records available for Commission inspection upon request.

D. Notice by utility of responsible officer or agent

1. Each utility shall file with the Commission a written statement containing the name, address (business, and mailing), email, and telephone number (business) of at least one officer, agent , or employee responsible for the general management of its operations as a utility in Arizona.

2. Each utility shall give notice, by filing a written statement with the Commission, of any change in the information required herein within five business days from the date of any such change.

E. Time-frames for processing applications for Certificates of Convenience and Necessity

1. This rule prescribes time-frames for the Commission's processing of any application for a Certificate of Convenience and Necessity filed pursuant to this Article.

2. Each utility shall give notice, by filing a written statement with the Commission, of any change in the information required herein within five business days from the date of any such change.

3. Staff may cease its review of an application if the applicant does not remedy all deficiencies within 60 calendar days of the notice of deficiency.

4. After receipt of a corrected application, staff shall notify the applicant within 30 calendar days that the corrected application is either administratively complete or deficient. If the corrected application is deficient, the notice shall specify all deficiencies.

5. The time-frame for administrative completeness review shall be suspended from the time a notice of deficiency is issued until staff determines that the application is complete.

6. Within 150 days after an application is determined to be administratively complete, the Commission shall approve or reject the application.

7. For purposes of A.R.S. § 41-1072 through A.R.S. § 41-1079, the Commission has established the following time-frames:

a. Administrative completeness review time-frame: 120 calendar days.

b. Substantive review time-frame: 150 calendar days.

c. Overall time-frame: 270 calendar days.

8. If an applicant requests, and is granted, an extension or continuance, the appropriate time-frames shall be tolled from the date of the request and for the duration of the extension or continuance.

9. During the substantive review time-frame, the Commission may, for good cause, upon its own motion or that of any interested party to the proceeding, suspend the time-frame rules.

F. Filing and availability of tariffs

1. Each utility shall file with the Commission, within 120 days after the effective date of new rules or requirements adopted by the Commission, or within a shorter period ordered by the Commission, tariffs that comply with the new rules or requirements adopted by the Commission.

2. Each utility shall file with the Commission any proposed changes to the utility's tariffs on file with the Commission, along with a statement of justification supporting the proposed changes.

3. A utility's proposed change to the utility's tariffs on file with the Commission shall not become effective until reviewed and approved by the Commission, except as provided by law.

4. Each utility shall make its applicable tariffs available on its website and, upon request, either in paper form or in a readily accessible electronic format such as Adobe PDF.

G. Accounts and records

1. Each utility shall keep general and auxiliary accounting records reflecting the cost of its properties, operating income and expense, assets and liabilities, and all other accounting and statistical data necessary to give complete and authentic information as to its properties and operations.

2. Each utility shall maintain its books and records in conformity with the Uniform Systems of Accounts for Class A, B, C, and D Gas Utilities as adopted and amended by the Federal Energy Regulatory Commission.

3. each utility shall produce or deliver in this state any or all of its formal accounting records and related documents requested by the Commission. A utility may, at its option, provide verified copies of original records and documents rather than produce the originals.

4. Each utility shall submit an annual report to the Commission, through the Utilities Division, on a form prescribed by the Utilities Division. The annual report shall be filed on or before the 15th day of April for the preceding calendar year. If the utility has received a report on the utility prepared by a certified or licensed public accountant, the utility shall include a copy of the report with its annual report submission.

5. Each utility shall submit to the Commission, through the Utilities Division, a copy of all reports the utility is required to file with the Securities and Exchange Commission.

6. Each utility shall file with submit to the Commission, through the Utilities Division, a copy of all annual reports the utility is required to file with the Federal Energy Regulatory Commission.

H. Maps. Each utility shall file with the Commission a map or maps clearly setting forth the location and extent of the area or areas included within the utility's approved certificates of convenience and necessity, in accordance with the Cadastral (Rectangular) Survey of the United States Bureau of Land Management, or by metes and bounds with a starting point determined by the aforesaid Cadastral Survey.

I. Variations, exemptions of Commission rules. The Commission may, by order, approve variations or exemptions from any of the rules in this Article either upon application of an affected party establishing that the public interest requires such variation or exemption or upon determining, on its own initiative, that such variation or exemption is necessary to serve the public interest. In case of conflict between these rules and an approved tariff or order of the Commission, the provisions of the approved tariff or order shall apply.

J. Prior agreements. The adoption of these rules by the Commission shall not affect any agreements entered into between the utility and customers or other parties who, pursuant to such contracts, arranged for the extension of facilities in a provision of service prior to the effective date of these rules.

K. A utility shall obtain and maintain for each customer the customer's preferred method of communication, which may be email, U.S. mail, voice telephone call, text message, or other communication method acceptable to the utility and the customer. Except as otherwise specified in this Article, a utility shall communicate with a customer and the customer's designated third party using the customer's preferred method of communication. If a utility does not yet have a customer's preferred method of communication on file, the utility may use the U.S. mail.

Ariz. Admin. Code § R14-2-312

Adopted effective March 2, 1982 (Supp. 82-2). Amended effective December 31, 1998, under an exemption from the Attorney General certification requirements of the Arizona Administrative Procedure Act (Supp. 98-4). Amended effective December 31, 1998, under an exemption as determined by the Arizona Corporation Commission (Supp. 98-4). Amended to correct subsection numbering (Supp. 99-4). Amended by final rulemaking at 28 A.A.R. 564, effective 4/18/2022.